Mandatory Provisions Of Collective Bargaining Agreement

Yazının yazıldığı tarih Tarih: 10 Nisan 2021  Yazının ait olduğu kategori Bölüm: Genel  Yazının okunma sayısı Okunma: 166 views  Yazıya yapılan toplam yorum Yok.

Unlike such restrictions, the law also provides for certain binding elements that a collective agreement must contain (Article 23, paragraph 1): the identity of the signatory parties, the extent and scope of their application, and the day they are signed. In addition, explicit pay levels for all occupations and categories need to be included in the pay scales (Article 23, paragraph 2). 4. Other relevant instruments are the Convention on Freedom of Association and the Protection of the 1948 Convention on the Right to Organization (No. 87); The 1951 collective agreement recommendation (No. 91); Recommendation (industrial and national level) of 1960 (No. 113); the Workers` Representatives` Convention (No. 135) and The Recommendation (No. 143), 1971; Convention on the Organization of Rural Workers (No. 141) and Recommendation (No. 149), 1975; the Labour Relations Convention (Public Service) (No. 151) and Recommendation (No.

159), 1978; and the 1981 collective bargaining recommendation (No. 163) (which complements Agreement 154). For other collective bargaining conventions and recommendations, see collective bargaining: a fundamental principle, a right, a convention, education at work 1999/1-2, 114-115, (ILO), p. 125. The conventions of form, registration and publication must be made in writing; Otherwise, they are annular (Article 4, paragraph 1, Collective Labour Relations Act). They must also be registered and published with the Ministry of Employment and Social Security. Registration is made 15 days after this filing, unless the department has informed the parties of its formal refusal, as is only permitted for the reasons mentioned in the legislation. There is therefore some form of administrative control over certain requirements relating to the creation and content of collective agreements that work by refusing registration. However, since the law does not give administrative authorities discretion over compliance with legal requirements, the system is purely formal. Control of the legality of collective agreements is referred to the courts (Article 43). After registration, the agreements must be published within a fortnight in the Boletim de Trabalho e Emprego (Article 26).

This publication is essential at the beginning of its validity. Legislation that sets an organization`s certification procedure as an exclusive bargaining partner for all workers in a bargaining unit generally requires these workers to fairly represent all workers, whether or not they are members of the union.

 
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